Conditions of Membership

CONDITIONS OF MEMBERSHIP –
AFTON VILLAGE SWIMMING POOL CLUB, INC.

AFTON VILLAGE SWIMMING POOL CLUB, INC.  (hereinafter referred to as the “Swimming Club”) hereby acknowledges and accepts the signed person (hereinafter referred to as the “Member”) as Member of the AFTON VILLAGE SWIMMING POOL CLUB, INC. (SUBJECT TO PAYMENT OF DUES AND MEMBERSHIP FEES) and member hereby accepts membership in the Swimming Club.

1.  The Swimming Club hereby extends all privileges of membership in the Swimming Club as contained in the bylaws, pool rules and Resolutions of the Board of Directors and Member agrees to comply with the provisions of said bylaws, pool rules and Resolutions of the Board of Directors.  The Swimming Club reserves the right to revoke membership for violation of bylaws, rules and Resolutions of the Board of Directors.

2.  The spouse of the Member hereby joins Member in executing the Agreement and shall have all the privileges and assumes all the responsibilities of membership in the Swimming Club as Member.

3.  In the event that the performance by The Swimming Club of any of its obligations or undertaking hereunder is interrupted or delayed by any occurrence, not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, sovereign conduct, or the act or conduct of any person or persons not party or privy hereto, then it shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effect thereof.

4.  The Member shall be responsible for the Member, their family and any guests or invitees of the Member.  In consideration of Member’s membership, Member further releases, discharges The Swimming Club, it’s officers, directors, agents and employees and agrees to indemnify and forever hold harmless the Swimming Club, it’s officers, directors, agents and employees from and against all claims, demands, suits judgments, cost, expenses, attorney’s fees, and all losses and damage of every kind and character made against the Swimming Club, it’s officers, directors, agents and employees.  Members, express agreement to indemnify/defend includes all claims based on personal injury of Member, Member’s family and any guests or invitees of Member, whether caused by Swimming Club’s sole negligence, or the joint negligence of Member, Member’s family and any guests or invitees of Member and/or Swimming Club, its officers, directors, employees and agents.  This indemnity agreement applies only to any claims brought by Member, Member’s family and any guests or invitees.

5.  All fees and dues are non-refundable.  In the event of non-payment or return of payment, membership in the Swimming Club shall be immediately suspended. Privileges of membership shall not be extended until all dues and fees, including “return check charges” have been paid.

6.  This agreement shall be binding upon the parties to this agreement and their heirs, executors, administrators, successors and assigns: provided, however, Member may not assign the Membership.

7.  This agreement constitutes the entire agreement of the parties.

8.  This agreement shall be subject to and governed by the laws of the state of Texas.

9.    This agreement is made by the parties in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged.

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